Superannuation Legislation Amendment (Simplification) Act 2007 (15 of 2007)

Schedule 3   Other amendments

Superannuation Guarantee (Administration) Act 1992

52   After section 15B

Insert:

15C Certificates of coverage for international social security agreements

(1) This section applies if a scheduled international social security agreement (within the meaning of section 5 of the Social Security (International Agreements) Act 1999) prevents double coverage of the compulsory retirement savings arrangements under the laws of the parties to the agreement.

(2) An entity mentioned in subsection (3) may apply in writing to the Commissioner for a certificate under subsection (4) covering the employment of a particular employee.

(3) For the purposes of subsection (2), the entity must be:

(a) if the employee's employer is not a resident of Australia - a related entity (within the meaning of the agreement) of the employer; or

(b) otherwise - the employee's employer.

(4) The Commissioner may give the entity that made the application a certificate under this subsection if the Commissioner is satisfied that doing so is in accordance with the agreement mentioned in subsection (1).

(5) The certificate must:

(a) state the name of the employer and the employee; and

(b) state the time at which, or the circumstances in which, the certificate stops covering the employment; and

(c) contain any other information that the Commissioner considers relevant.

(6) The Commissioner may revoke or vary a certificate under subsection (4), if doing so would be in accordance with the administrative arrangements to the agreement mentioned in subsection (1) that are agreed between the parties to the agreement.

(7) A person who is dissatisfied with a decision of the Commissioner under subsection (4) or (6) may object against the decision in the manner set out in Part IVC of the Taxation Administration Act 1953.

(8) If the entity that made the application is not the employee's employer, this Part (apart from this section) applies to salary or wages relating to employment covered by the certificate that are paid to the employee as if the entity that made the application were the employee's employer.